BILL  1716  -  ORD  1588

 

MOPR Notes:  Retyped below, is the ORIGINAL BILL #1716 which was discussed, amended & then passed as Ord #1588 in the 1/6/03 BOA mtg (ref MOPR's Mins Sections 8, 9 & 10).  This note is in lieu of posting that amended version where Items L & M were replaced with Items N & O;  & Item P became Item N

 

Copies obtained by my Atty TG from EM are not dated or signed.  Pages are numbered at the bottoms.  Exhibits can be obtained at VP City Hall. 

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BILL NO. 1716
(See above MOPR Note re: ORD NO. 1588.)
   
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AN ORDINANCE FOR THE PURPOSE OF AUTHORIZING
THE ACQUISITION OF REAL ESTATE BY CONDEMNATION
AND APPROPRIATION THEREOF;  DESCRIBING THE
REAL ESTATE SUBJECT TO THE APPROPRIATION AND
CONDEMNATION;  NAMING THE OWNERS THEREOF;
SETTING FORTH THE GENERAL PURPOSE OR NATURE TO BE
MADE OF SAID REAL PROPERTY AND DECLARING IT TO BE
NECESSARY AND FOR THE GENERAL BENEFIT OF THE CITY
OF VALLEY PARK, MISSOURI, AT LARGE;  DECLARING THAT
FUNDS MAY BE ADVANCED FOR THE ACQUISITION OF REAL
ESTATE AND THAT CONDEMNATION SHALL BE IN FULL
FORCE AND EFFECT FROM AND AFTER THE DATE OF PASSAGE
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     WHEREAS, the United States Army Corps of Engineers, as authorized by PL 97-128 enacted in 1981, has proposed a levee be constructed in Valley Park, Missouri, for flood control purposes, and
 
   WHEREAS, on August 12, 1992, the City of Valley Park, Missouri, acting as local sponsor and the Secretary of the Army for the United States entered into a local cooperation agreement providing for the rights, duties and responsibilities of the respective parties, providing in part that the City was to obtain all lands, easements, rights of way, disposal areas and provide all relocations of utilities and roads for the project, and
 

   WHEREAS, the City has the authority and right to condemn properties necessary for the construction of the levee, and for features incidental with the construction and operation of same pursuant to Article VI, Section 15, of the Missouri Constitution, and Section 88.667, RSMo., and Chapter 523, RSMo,

 
     NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF VALLEY PARK, MISSOURI, AS FOLLOWS:
 
SECTION ONE
 
   Pursuant to Article VI, Section 15, of the Missouri Constitution and Section 88.667, RSMo., and Chapter 523, RSMo., the City of Valley Park, Missouri, is hereby authorized to acquire by condemnation proceedings or by compromise and settlement the fee interest or other lesser interest in the following tracts of real property owned by the parties designated and located within the City of Valley Park, Missouri, for use by the City or its designees as the Valley Park Levee Project and associated infrastructure:

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   a.  Land owned by Edward A. Harrawood and Lisa Jane Harrawood, as joint tenants, and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit A-1, attached hereto and made a part hereof by reference.

 

   b.  Land owned by Edward A. Harrawood and Lisa Jane Harrawood, as joint tenants, and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit A-4, attached hereto and made a part hereof by reference.

 

   c.  Land owned by Richard McGhee and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit A-6, attached hereto and made a part hereof by reference.

 

   d.  Land owned by Edward and Lisa Harrawood, their mortgagors, lienholders, and other holders in interest in property known and numbered as 7 Arnold Drive, Valley Park, Missouri, as set forth on the plat as Exhibit A-7, for fee simple absolute.

 

   e.  Land owned by Maureen M. Morris, for fee simple absolute and unknown heirs, successors and assigns as described on Exhibit A-8, attached hereto and made a part hereof by reference.

 

   f.  Land owned by Floyd Brown and Venita Brown and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit A-17, attached hereto and made a part hereof by reference.

 

   g.  Land owned by Floyd and Venita Brown and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit A-18 and made a part hereof by reference.

 

   h.  Lands owned by Floyd and Venita Brown and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit A-18R, attached hereto and made a part hereof by reference.

 

  i.  Lands owned by Floyd and Venita Brown and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit 19, attached hereto and made a part hereof by reference.

 

   j.  Lands owned by Floyd and Venita Brown and unknown heirs, successors and assigns for fee simple absolute as described on Exhibit 20 attached  hereto and made a part hereof by reference.

 

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   k.  Lands owned by Halibut Properties L.L.C., its successors, assigns, mortgagors and lienholders, known as Lot 3, Universal Subdivision on the Meramec, known and numbered as 405 River Drive, Valley Park, Missouri;

 

   l.  Lands owned by Gladys and M. Pantaz, their heirs, successors and assigns, mortgagors and lienholders and heirs, known or unknown, described as Lots 869 and 870, Pharoah Valley Subdivision, known and numbered as 654 Nile drive, Valley Park, Missouri;

 

   m.  Property owned by Roland Young and Marilyn Young, trustees, known and numbered as parts of Lots 9 and 10, Meramec Pacific Railroad, 202-206 Meramec Station Road, Valley Park, Missouri;

 

   n.  Property owned by U.S. Cotton L.L.C., known and numbered as 401-501 Marshall Road, Valley Park, Missouri;

 

   o.  Property owned by Diamond Group, L.L.C., their mortgagors, lienholders and other holders in interest in property known and numbered as 6 Meramec Valley Plaza, Valley Park, Missouri, as set forth on the plat set forth in Exhibit C-1;  and

 

   p.  Property owned by Lillian Dewitt, her mortgagors, lienholders, and other holders in interest in property known and numbered as 1007 Pyramid Drive, Valley Park, Missouri, as set forth on the description as Exhibit D-1007, for fee simple absolute.

 

SECTION TWO

 

   The aforesaid acquisitions in fee simple absolute are to be used for lands, easements, rights-of-way and disposal areas for a levee project within the City of Valley Park, Missouri, designed and constructed by the United States Army Corps of Engineers.

 

SECTION THREE

 

   The acquisition of the above-described properties is and will inure to the benefit of the health, safety and welfare of the City of Valley Park at large.

 

SECTION FOUR

 

   The aforesaid acquisitions are necessary for the construction of a levee system within the City of Valley Park, Missouri.

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SECTION FIVE

 

   This Ordinance shall become effective from and after its passage and upon approval by the Mayor.

 

    PASSED AND APPROVED THIS _______ DAY OF ________200___.

 

  ______________________
  DAN MICHEL, Mayor

ATTEST:

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PAT PILLOW, City Clerk

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